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NDAs are commonplace in employment settlements.  However, changes proposed as part of the Employment Rights Act 2025 could fundamentally alter how harassment and discrimination complaints are settled. Claire Rosney and Kerren Daly unpack the proposed changes, which could see confidentiality agreements become void unless they meet the proposed “excepted agreement” framework, and they explain why this is as much about public trust and workplace culture as it is about legal drafting. 
 
 We walk through the proposals: independent advice on the NDA itself, written informed consent, a 14-day cooling-off period with no penalty, accessible written copies, and a firm line that confidentiality cannot cover future harassment or discrimination. We also consider one of the biggest practical shifts for employers and HR teams: extending these formalities to ACAS COT3 agreements.
 
 The conversation digs into the pinch points: what happens to door of the court settlements, how time limits might be affected, whether employers will be allowed to raise confidentiality at all, and what it means if an employer gets the conditions wrong and the clause simply falls away. We also cover the proposed list of people a worker can always speak to, even with an “excepted agreement” and what all this means in practice. 
 
 If you work in HR, employment law, or leadership, this is a timely guide to the risks, the process changes, and what you should be thinking about now ahead of the expected 2027 implementation date. Subscribe, share with your team, and leave a review with your view: where should the balance sit between confidentiality and the public interest?

For the latest updates and guidance, visit Browne Jacobson's Employment Rights Act 2025 hub at brownejacobson.com/employment-rights-act